Legal Documents
This Federal regulation requires supervisors to inform clients about a supervisee's status and how supervision may affect confidentiality.
Health Insurance Portability and Accountability Act (HIPAA)
This Three part consent model by Bernard and Goodyear includes client consent to treatment, consent to supervision, and supervisee consent
Three Levels of Informed Consent
This type of liability occurs when a supervisor is inherently linked to the harm caused by inadequate supervision
Direct Liability
Although minors cannot usually legally consent, they can provide this form of agreement to treatment.
Assent
Supervisors must ensure supervisees understand these three duties related to client safety (Name One)
Duty to Warn / Protect/ Report
This foundational legal document must outline expectations, scope of supervision, and responsibilities to help limit liability.
Supervision Contract
Risk management is primarily focused on preventing this outcome involving legal action due to client harm
Malpractice or Legal Liability
This form of liability suggests supervisors share financial responsibility for damages because they benefit from supervisee work.
Enterprise Liability
**Counselors must balance confidentiality with this competing legal right held by guardians**
Parental rights /The right to be informed
This duty may allow maintaining confidentiality, unlike the duty that requires disclosure to third parties
Duty to Protect
This process involves informing clients and supervisees about supervision, confidentiality limits, and procedures. Note - This is an ongoing process.
Informed Consent
**Wheeler and Bertram suggested any one of these as a risk management strategy. (Name Two)**
- Informing clients of limits of confidentiality -consultation - documenting decisions - conducting lethality assessments - being informed of institutional policy - making appropriate referrals - maintaining legal counsel - reviewing codes of ethics
In regards to supervision this concept ensures fair treatment of the supervisee by the supervisor if when negative feedback is given. This includes supplying feedback on evaluations and giving opportunities for improvement.
Due Process
School Counselors must minimize intrusion when sharing information with either of these parties
Parents or other personnel
Supervisors must assess for this continually with their supervisees to ensure clients are receiving the proper level of care
Competence
**These documents can be subpoenaed by the court and are generally written by a clinician after a session.**
Progress Notes/Clinical Notes
A Licensing board may call for this action if a determination has been made that a mental health practitioner has violated ethical or practice standards or relevant law
Disciplinary Supervision
**Name two examples of negligent supervision**
•Allowing a supervisee to practice outside his or her scope of practice •Not providing consistent time for supervision sessions •Lack of emergency coverage and procedures •Not providing a supervisory contract • Lack of appropriate assessment of the supervisee and the clients he or she serves • Lack of sufficient monitoring of supervisee’s practice or documentation • Lack of consistent feedback prior to evaluation • Violation of professional boundaries in the supervisory relationship • Failure to follow accepted practices for supervision
This organization provides ethical standards for school counselors
American School Counselor Association (ASCA)
This allows an individual to have confidential communications with a professional that prevents courts from obtaining confidential communication
Privileged Communication
These documents include progress notes and clinical records used for both treatment and supervisory evaluation
Supervision Notes/Documentation
The key elements of risk management include informed consent, documentation and this third process involving professional input.
Consultation
This type of supervisor is typically the primary supervisor and is also responsible for other duties such as hiring, and firing personnel.
Administrative Supervisor
This major ethical responsibility involves informing minors of information that may have to be shared with other parties despite it being "confidential"
Explaining limits of confidentiality
This procedure includes notifying your supervisor immediately, contacting emergency services as well as other relevant client contacts.
Emergency Plan